uifsa: key concepts
TRANSCRIPT
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UIFSA: Key Concepts
Maria FergusonAssistant Division Chief, Intergovernmental Division
Los Angeles County Child Support Services
Jesus GalindoAttorney, Intergovernmental Division
Los Angeles County Child Support Services
Jessica FosterChild Support Attorney IV
Sacramento County Department of Child Support Services
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Outline
Direct Enforcement Advantages
Challenges
Interstate Referral
Personal Jurisdiction
Parentage
CEJ
Exceptions to CEJ
Registration for
Modification
Income Withholding
Registration for
Enforcement
Contest
Confirmation
Choice of Law
Duration
Statute of Limitations
Interest Rate
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Advantages
DCSS has… Locate resources
Income information
The Work Number (TWN), Employment Development Department (EDD), Social Security Administration (SSA)
Public Assistance
Relationships with agencies
• Other states and countries
• Query Interstate Cases for Kids (QUICK)
• Obtaining certified copies
Enforcement resources
Administrative Income Withholding Order, license suspension, intercepts, passport denial, etc.
Statutory scheme (IV-D Program, UIFSA, Hague Convention)
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Which of the following is an interactive on-
line employment and income verification
service which allows caseworkers to receive
immediate confirmation of employment and
salary information for a Person Paying
Support?
a. Query Interstate Cases for Kids (QUICK)
b. The Work Number (TWN)
c. Electronic Document Exchange (EDE)
d. Social Security Administration (SSA)
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Challenges
Limited to parentage and support
Multiple agencies and courts involved
Communication
– Other languages for international cases
Choice of Law
– Other states’ refusal to enforce interest
– Confusion regarding CEJ, duration, and Statute of Limitations
Time
– Referral can take a long time, especially when there are intricacies of the law that are different
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Interstate Referral Process
Request to other state or country
Several types of requests
– Establishment (parentage, child support)
– Enforcement
– Locate
Federal Forms
– i.e. General Testimony (rather than an Income and Expense Declaration)
– Some can be completed by the LCSA
Transmittals
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Personal Jurisdiction
Family Code section 5700.201
California court may exercise personal jurisdiction over a nonresident
individual if:
(1) the individual is personally served within this state;
(2) the individual consents or makes a general appearance;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or
support for the child;
(5) the child resides in this state as a result of the acts or directives of the
individual;
(6) the individual engaged in sexual intercourse in this state and the child may
have been conceived by that act of intercourse;
(7) the individual has signed and filed a California Voluntary Declaration of
Parentage with the California Department of Child Support Services; or
(8) the individual has other minimum contacts.
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A California Court may exercise personal
jurisdiction over a nonresident individual
according to Family Code section 5700.201
through the following:
a. the individual has signed and filed a Voluntary
Declaration of Parentage.
b. the individual consents or makes a general
appearance.
c. the individuals’ own parents live in this state.
d. the individual is personally served within this state.
e. a, b and d.
f. all of the above.
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Parentage
Family Code section 5700.315
“A party whose parentage of a child has been previously
determined by or pursuant to law may not plead non-parentage
as a defense to a proceeding under this part.”
• IRG Section H.
Other states have parentage acknowledgments like our Voluntary Declaration of Parentage.
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Questions?
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Continuing Exclusive Jurisdiction
Determines which jurisdiction has the authority to
modify the existing support order.
Order-issuing state retains CEJ as long as one of
the parties or child still reside there.
• **Unless the parties consent to another
jurisdiction assuming CEJ.**
Play Away Rule: CEJ “up for grabs” if all parties
have left the order issuing state.
• Party requesting modification must “play away”
to non-requesting party’s state.
Family Code sections 5700.205 & 5700.611
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Exceptions to CEJ
International Move Away
Modification of a Foreign Support order
• Issuing state maintains CEJ; OR
• Another state assumes CEJ, provided at least
one of the parties resides there.
• ***Written consent must be filed in tribunal of
issuing state.
Consent – All parties have left order-issuing state
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CA Jurisdictional Attachment
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Example 1
Where should the modification be filed?
CP, NCP, & MC all live in CA
when Judgment is entered in CA.
NCP remains in CA.
NCP requests modification.
CP & MC
move to Texas.
A California court retains CEJ because at least one party remains in California.
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Example 2
Where should the modification be filed?
CP, NCP, & MC all live in CA
when Judgment is entered in CA.
NCP moves to Texas. CP & MC
move to New York.
If NCP wants a modification, NCP must play away in New York where the CP resides.
The order must be registered in New York to request modification there.
If CP wants a modification, CP must play away in Texas where the NCP resides.
The order must be registered in Texas to request modification there.
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Example 3
Where should the modification be filed?
CP, NCP, & MC all live in CA
when Judgment is entered in CA.
NCP moves to Texas
and wants a modification.
CP & MC
move to France.
A California court retains CEJ to modify because:
1. One party resides in another state, AND
2. The other party resides outside the United States.
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Registration for Modification
Must register another state’s order AND be able
to assume CEJ in order to proceed with a
modification
• Registration
• Assume CEJ
• Modification
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Direct Enforcement
Family Code section 5700.507(b)
Administrative enforcement, including via wage
assignment.
• “If the obligor contests the validity or
administrative enforcement of the order, the
support enforcement agency shall register the
order pursuant to this part.”
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Income Withholding
Family Code section 5700.502(b)
Out-of-state income withholding order.
• “The employer shall treat an income-
withholding order issued in another state which
appears regular on its face as if it had been
issued by a tribunal of this state.”
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Choice of Law – Direct Withholding
Employer shall comply with the law of the state of
the obligor’s principal place of employment for
withholding from income with respect to:
Family Code section 5700.502(d)
Employer’s fee for processing an IWO.
Max amount permitted to be withheld from the obligor’s income.
Time within which employer must implement withholding order and forward payment.
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Questions?
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Registration for Enforcement
“A registered support order issued in another state or a
foreign country is enforceable in the same manner and
is subject to the same procedures as an order issued by
a tribunal of this state.”
Family Code section 5700.602
Requirements for registration.
Family Code section 5700.603(b)
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Contest of Registration
Family Code section 5700.605
Must be filed within 20 days of notice.
Family Code section 5700.607(a)
Only the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation precludes enforcement of some or all of the
alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
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Order ConfirmedFamily Code section 5700.606(b)
If the non-registering party fails to contest the validity or
enforcement of the registered support order in a timely
manner, the order is confirmed by operation of law.
de Leon v. Jenkins (2006) 143 Cal.App.4th 118
IRMO Sawyer (2020) 57 Cal. App. 5th 724
Family Code section 5700.607(c)
If the contesting party does not establish a defense … to
the validity or enforcement of a registered support order,
the registering tribunal shall issue an order confirming
the order.
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In which of the following states does
support terminate when the dependent turns
21 years old?
a. New Hampshire
b. New York
c. New Mexico
d. New Jersey
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Choice of Law – Duration
The law of issuing state governs the duration of
current payments under a registered support order.
Family Code section 5700.604(a)
• Thus, when support terminates due to
emancipation is always based upon the law of
the first state that issued an order.
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Under Puerto Rico law, the statute of limitations
is five years after reaching the age of majority.
A California LCSA is enforcing a Puerto Rico order.
What would have to be done in order for the California statute
of limitations to apply?
a. Nothing – the LCSA just continues to enforce.
b. The order must be registered, plus the California court
must assume CEJ and modify the order.
c. The order must be registered for enforcement in
California before the child emancipates.
d. The order must be registered for enforcement in
California, before the Puerto Rico statute of limitations
expires.
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Statute of Limitations
Family Code section 5700.604(b)
“In a proceeding for arrears under a registered
support order, the statute of limitation of this
state, or of the issuing state or foreign country,
whichever is longer, applies.”
Scheuerman v. Hauk (2004) 116 Cal. App. 4th 1140
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Under Washington state law, no interest accrues on
arrears.
Facts: A Washington order for $200 per month was entered on
2/1/16. The order was registered in California on 5/1/17. The
California court assumed CEJ and modified the order to $500 per
month on 8/1/19.
What interest rate applies?
a. 0% interest would apply to all arrears starting 2/1/16
b. 0% interest would accrue on arrears owed prior to 5/1/17;
then 10% interest would accrue
c. 0% interest would accrue on arrears owed prior to 8/1/19,
then 10% interest would accrue
d. 10% interest would accrue on all arrears starting 2/1/16.
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Choice of Law – Interest
The law of the issuing state or foreign country
governs… “the computation and payment of
arrearages and accrual of interest on the
arrearages under the support order.”
Family Code section 5700.604(a)
• Interest rate of issuing state applies until the
order is registered and modified by another state
with CEJ.
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ResourcesIntergovernmental Reference Guide https://www.acf.hhs.gov/css/irg-state-map
California DCSS Tableau Dashboard
https://tableau.dcss.ca.gov
ID24 RN366 Out of State Orders
California Law – Code Search
https://leginfo.legislature.ca.gov/faces/codes.xhtml
Uniform Law Commission – UIFSA Final Act with Comments
https://secure-web.cisco.com/1B4iPgex9r6ayq4jcUbeBtueH1EvLP-
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hNyz7wlE6zpjmt8GRSO0c6Bxf1t6c0TucTHTRs/https%3A%2F%2Fwww.uniformlaws.org%2Fvie
wdocument%2Ffinal-act-with-comments-120%3FCommunityKey%3D71d40358-8ec0-49ed-
a516-93fc025801fb%26tab%3Dlibrarydocuments
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Questions?
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Maria FergusonLos Angeles County Child Support Services
Jesus GalindoLos Angeles County Child Support Services
Jessica FosterSacramento County Department of Child Support Services